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  1. 2 Kwartalnik Prawa Prywatnego

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  1. 2 Schwab D.

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  1. 1 2021

  2. 1 2017

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Prawo rodzinne a religia w świetle historii

100%
Schwab D.
Kwartalnik Prawa Prywatnego
|
2021
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vol. 30
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issue 1
7–23
EN
The article outlines the author’s view on the role of religion in the evolution of family law over the course of history. Particular attention is paid to the impact of religion on the applicable law in the classical era, Middle Ages and in the early modern period. The article deals with the sacralization of family law and focuses primarily on marriage as the core element underpinning this area of law. The author discusses how religion influenced the evolution of family law differently in Catholic and Protestant countries and provides examples from German law to illustrate this phenomenon. The importance of a major change in the evolution of family law, as brought about by the French Revolution, which stripped marriage of all religious connotations (the idea of marriage as a civil contract only), is also emphasised. Furthermore, the article examines the religious upbringing of children and the way this issue is addressed in German law, namely the rules of the German Civil Code (BGB) as contrasted with the rules of the German Act on the Religious Upbringing of Children of 15 July 1921.
2

Jak małżeństwo trafiło do sądu

100%
Schwab D.
Kwartalnik Prawa Prywatnego
|
2017
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vol. 26
|
issue 2
233-249
EN
In the first part of the paper, the notion of divorce in Roman law, and also the evolution of it, in particular, such as was connected with the appearance of Christianity in the Roman Empire, was discussed. In the further part of the paper, the issues relevant to the admissibility of the dissolution of a marriage in medieval canon law were outlined. A separate part of the paper was devoted to the issue of admissibility of divorce in the period of Reformation. The change in the understanding of marriage, as a private issue to be decided between spouses, was presented in the part concerning the period of the Enlightenment and Romanticism. At the end, arguments in favor of and against admitting the possibility of the dissolution of a marriage by spouses themselves, without the intervention for the part of court.
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